(1) The Executive Officer may, with respect to any new design-certified SIMW being sold, offered for sale, or manufactured for sale in California, order a component manufacturer, whose Component Executive Order of Certification is referenced in the SIMW's design-based certification, to make available for compliance testing and/or inspection five evaporative emissions control system components. Compliance testing for design-based certification must be completed according to section 2864.

(2) If the evaporative emissions control system component from the SIMW selected for inspection fails an evaporative emissions test as determined by section 2864(a)(2), or fails to conform to the labeling requirements of sections 2859 and 2860, the Executive Officer shall notify the Component EO Holder and the evaporative system builder in accordance with sections 2864(b) and 2865(c), respectively. The Component EO Holder shall be the responsible representative if any failure occurs for an evaporative emissions control system component according to section 2864(a).

(1) The Executive Officer may, with respect to any new performance-based certified SIMW evaporative family being sold, offered for sale, or manufactured for sale in California, order a SIMW manufacturer or evaporative system builder to make available for compliance testing and/or inspection of at least one SIMW. Unless otherwise directed by the Executive Office, the SIMW shall be delivered to: Chief, Emissions Compliance, Automotive Regulations and Science Division, ARB. The SIMW must be selected at random from sources specified by the Executive Officer according to a method approved by the Executive Officer (subsection (b)(5)). The selection must exclude a SIMW that would result in an unreasonable disruption of the evaporative system builder's distribution system.

(2) ARB personnel shall have access to SIMW assembly plants or distribution facilities for the purposes of selection for testing. Scheduling of access shall be arranged with the representative designated in the application for certification or a representative designated by the evaporative system builder.

(3) All testing must be conducted in accordance with the applicable MY evaporative emissions test procedures. Any evaporative emissions control system parameters must be set to values or positions that are within the range as specified in the certification application. No break-in or modifications, adjustments, or special preparation or maintenance will be allowed on SIMW chosen for compliance testing without the written consent of the Executive Officer. If the Executive Officer consents to break-in or modifications, adjustments, or special preparation or maintenance, they will be performed by the evaporative system builder under the supervision of ARB personnel.

(4) Correction of damage or maladjustment that may reasonably be found to have resulted from shipment of the SIMW is permitted only after an initial test of the SIMW. The evaporative system builder may request that the SIMW be repaired from shipping damage and be retested. If the Executive Officer concurs, the SIMW may be retested, and the original test results may be replaced by the post-repair test results.

(5) One SIMW must be randomly chosen from the selected evaporative family according to the criteria specified herein. The SIMW must be representative of the evaporative system builder's California sales. The SIMW will be selected from the end of the assembly line. The selected SIMW must pass the inspection test by being equipped with the appropriate emissions control systems as documented in the approved Executive Order of Certification for the evaporative family.

(6) One SIMW from the requested evaporative family will be selected for testing per the applicable test procedure as indicated in section 2855. The evaporative family will be deemed to have passed the compliance testing if the test result is equal or below the applicable standard. The evaporative family or subgroup will be deemed to have failed the compliance testing if the test result is above the applicable standard.

(7) If the SIMW selected for inspection fails an evaporative emissions test as determined by subsection (b)(6), or fails to conform to the labeling requirements of sections 2859 and 2860, the Executive Officer shall notify the evaporative system builder in accordance with subsection (c).

(1) The Executive Officer shall not revoke or suspend the Executive Order of Certification without considering any information provided by the EO Holder of such certification pursuant to subsection (b).

(2) If the results of the compliance testing indicate that the failed SIMW of a particular evaporative family are produced at one plant, the Executive Officer may elect to suspend the Executive Order of Certification with respect to SIMW manufactured at that plant only.

(3) Notwithstanding the foregoing, the Executive Officer may suspend an Executive Order of Certification, in whole or in part, effective upon written notice to the EO Holder if the Executive Officer finds that:

(4) The Executive Officer may revoke an Executive Order of Certification for an evaporative family after the Executive Order of Certification has been suspended pursuant to subsection (1) or (2) of this section if the proposed remedy for the nonconformity, as reported by the EO Holder to the Executive Officer, is one requiring a design change or changes to the evaporative emissions control system as described in the application for certification of the affected evaporative family.

(5) Once an Executive Order of Certification for a failed evaporative family has been suspended pursuant to subsections (1), (2), or (3), the EO Holder must take the following actions before the Executive Officer will consider reinstating the Executive Order of Certification:

(6) Once the Executive Order of Certification has been revoked for an evaporative family, if the EO Holder desires to continue introduction into commerce of a modified version of that evaporative family, then the EO Holder must demonstrate that the modified evaporative family does in fact conform to the applicable standards of this Article by having one SIMW from the modified evaporative family tested as described in TP-1501 after implementing the change or changes intended to remedy the nonconformity.

(7) To permit an EO Holder to avoid stockpiling SIMW while conducting subsequent testing of the noncomplying evaporative family, an EO Holder may request that the Executive Officer conditionally reinstate the Executive Order of Certification for that evaporative family.